Madras High CourtCMP(MD)/540/2019ordered

The Branch Manager v. Jaikalam

2019-01-24Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Twenty Fourth day of January Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.540 of 2019 IN CMA(MD) No.SR25075 of 2017 THE BRANCH MANAGER NATIONAL INSURANCE COMPANY LTD., DOOR NO.MIG.315, 80 FEET ROAD, ANNA NAGAR, MADURAI. ... PETITIONER/APPELLANT Vs 1 JAIKALAM 2 BALAVENKATESH 3 P.KANI @ MOHAN 4 UNITED INDIA INSURANCE COMPANY LTD, DOOR NO.52, BRANCH OFFICE 4, SOUTH MASI STREET, MADURAI. ... RESPONDENTS/RESPONDENTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to condone the delay of 495 days in representing the above CMA(MD) SR.No.25075 of 2017 before this Honble Court as against the award passed in MCOP No.212 of 2008 on the file of the Motor Accident Claims Tribunal, Fourth Additional Subordinate Judge, Madurai, and thus render justice.

PRAYER IN CMA(MD)SR.No.25075 of 2017:

To condone delay of 458 days in filing the above Civil Miscellaneous Appeal before this Hon'ble Court as against the award passed in M.C.O.P.No.212 of 2008 on the file of the Additional Motor Accident Claims Tribunal, IV Additional Sub Court, Madurai. ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.P.JEYARAMAN, Advocate for the petitioner, the Heard.

2.This petition has been filed by the petitioner seeking to condone the delay of 495 days in representing the above Civil Miscellaneous Appeal.

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3.Considering the reasons stated in the affidavit filed in support of the petition and also considering the length of delay, this Court is inclined to condone the delay subject to the payment of cost of Rs.1500/-.(Rupees one thousand and five hundred only) to the Legal Services Committee, attached to this Bench, within a period of one week from the date of receipt of copy of this order, failing which this petition shall stand dismissed automatically without any further reference to this Court.

4.This petition is accordingly ordered.

5. In the event of payment of cost, the Registry is directed to number the appeal if it is otherwise in order and list the same "for admission" forthwith.

sd/- 24/01/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE IV ADDITIONAL SUBORDINATE JUDGE, MADURAI COPY TO :

1. THE OFFICER INCHARGE, LEGAL SERVICES COMMITTEE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

2. THE SUB ASSISTANT REGISTRAR, AE SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI

ORDER

IN CMP(MD) No.540 of 2019 IN CMA(MD) No.SR25075 of 2017 Date :24/01/2019 gcg PK/VR/SAR-4/13.02.2019 : 2P/4C https://hcservices.ecourts.gov.in/hcservices/